Can you sue a company after .......

[anony]

Hello everyone,

I have question for the following situation.

Lets say you have a domain and some companyX filed udrp against you.

You did not respond to udrp.

You lost the domain due to udrp decision.

The domain now gets transferred to comapnyX.

Q1: Can you file a suit against the companyX to get back the domain? If yes, what will be the grounds for that?

Q2: Can you file suit against the companyX for monetary damages due to loss of use of domain etc etc?

Q3: Is there a time limit that you must file the suit within after the udrp decision? If yes, do you have no other option left if that time line is already expired?

Please advise.

Thanks for your time.

 

[Theo]

You can file a lawsuit over anything; the question is, will you win?

 

[jberryhill]

Q1: Can you file a suit against the companyX to get back the domain? If yes, what will be the grounds for that?

In the US? Yes. 15 U.S.C. § 1114(2)(D)(iv)-(v).

Q2: Can you file suit against the companyX for monetary damages due to loss of use of domain etc etc?

In the US? Yes.


(iv) If a registrar, registry, or other registration authority takes an action described under clause (ii) [i.e. a UDRP transfer] based on a knowing and material misrepresentation by any other person that a domain name is identical to, confusingly similar to, or dilutive of a mark, the person making the knowing and material misrepresentation shall be liable for any damages, including costs and attorney’s fees, incurred by the domain name registrant as a result of such action. The court may also grant injunctive relief to the domain name registrant, including the reactivation of the domain name or the transfer of the domain name to the domain name registrant.

Q3: Is there a time limit that you must file the suit within after the udrp decision? If yes, do you have no other option left if that time line is already expired?

That's a great question. It can be argued that under UDRP 4(k), you agreed that you would file such an action within 10 days. However, it can be argued that since the statute contains no such time limit, and contemplates the action having ocurred after the transfer, that the statute supercedes any UDRP rule.

 

[dtobias]

I would think, however, that a judge will not be very favorably inclined towards your side of the case given that you failed to defend yourself in the original UDRP action, unless you have a very good excuse.

 

[jberryhill]

I would think, however, that a judge will not be very favorably inclined towards your side of the case given that you failed to defend yourself in the original UDRP action, unless you have a very good excuse.

It may be a hurdle, but it doesn't change the underlying question of the registration's legality under the Lanham Act.

 

[anony]

Thanks a lot for all the help. Appreciate it very much. It was very helpful explanation.



I have another interesting question:

Lets say you have parked a domain with a ppc company. Lets say a company files udrp against you. You offer the company to pay you your registration expenses (lets say $35/domain) and take the domain from you.

The comapany pays you the registration expense and you transfer them the domain.

Then udrp is withdrawn by this comapny as the matter is settled.

Q1: Can this company still sue you for something?

Q2: If yes, what can they sue you for?

Q3: What if the domain never really earned anything (or lets say earned $5 etc) on ppc page for you. What can you be really liable for? Just whatever you earned or more than that? If more, how much and for what?

Q4: Can the company also sue your registrar, ppc company, and ppc page link providers such as search engines etc?

Please advise.

Thanks for all the responses.

 

[Dave Zan]

Q1: Can this company still sue you for something?

Q2: If yes, what can they sue you for?

For making money out of it. PPC income, I think.

Q4: Can the company also sue your registrar, ppc company, and ppc page link providers such as search engines etc?

They can sue all three if they want to. But will they win?